Republic v Francis Kirugu Mwangi [2016] KEHC 6714 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO 36 OF 2012

(Formerly Nyeri High Court Criminal Case No.40 of 2010)

REPUBLIC......................................................PROSECUTOR

VERSUS

FRANCIS KIRUGU MWANGI................................ACCUSED

R U L I N G

1.  The Accused in this case, Francis Kirugu Mwangi, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 28/10/2010 that in the night of 16th and 17th October 2010 at Nguthuru Village in Murang’a County he murdered one Stephen Maina Mwangi.  He pleaded not guilty.

2.  The Accused’s trial commenced on 30/09/2013 before Ngaah, J who took the evidence of five prosecution witnesses.  I succeeded Ngaah, J at this station and took the evidence of the last prosecution witness, PW6.  The prosecution then closed their case.  Both the prosecution and defence counsels did not make any submissions upon close of prosecution case.

3.   I am alive to the provisions of section 306 of the Criminal Procedure Code, Cap 75.  I have read through the testimonies of the six prosecution witnesses.  I have also read the post-mortem report (Exhibit P4) produced by PW6.  I consider that there is evidence that the Accused person committed the offence charged.  I therefore hereby inform him of his right to address the court, either personally or by his advocate; to give evidence on his own behalf, or to make an unsworn statement; and to call witnesses in his defence.  I now require the Accused or his advocate to state whether it is intended to call any witnesses as to fact other than the Accused himself.

DATED AND SIGNED AT MURANG’A THIS 25TH DAY OF FEBRUARY 2016

H.P.G. WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 26TH DAY OF FEBRUARY 2016